40th Street Development, LLC
11
Hannah L. Blumenstiel
03/10/2026
05/14/2026
Yes
v
| PlnDue, DsclsDue, DebtEd |
Assigned to: Judge Hannah L. Blumenstiel Chapter 11 Voluntary Asset |
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Debtor 40th Street Development, LLC
387-391 40th Street Oakland, CA 94609 SANTA CLARA-CA Tax ID / EIN: 83-0833102 |
represented by |
Arasto Farsad
Farsad Law Office, P.C. 1625 The Alameda, Suite 525 San Jose, CA 95126 408-641-9966 Email: farsadecf@gmail.com |
Responsible Ind Steven Trinh
52599 McLaughlin Avenue San Jose, Ca 95121 |
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Trustee Not Assigned - SJ |
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U.S. Trustee Office of the U.S. Trustee / SJ
U.S. Federal Bldg. 280 S 1st St. #268 San Jose, CA 95113-3004 ( ) |
represented by |
Michael J. Fletcher
DOJ-Ust 2500 Tulare Street Suite 1401 Fresno, CA 93721 559-487-5002 Email: michael.fletcher@usdoj.gov |
| Date Filed | # | Docket Text |
|---|---|---|
| 05/14/2026 | 54 | Status Conference Statement (RE: related document(s)[7] Order and Notice of Status Conference Chp 11). Filed by Debtor 40th Street Development, LLC (Farsad, Arasto) |
| 05/07/2026 | Hearing Continued per order on 5/7/2026. (RE: related document(s) 36 Motion for Relief from Stay Fee Amount $199,). Hearing scheduled for 06/11/2026 at 01:00 PM in/via Tele/Videoconference - www.canb.uscourts.gov/calendars. (euo) | |
| 05/07/2026 | Hearing Continued per order on 5/7/2026. (RE: related document(s) 43 Motion to Convert Case to Chapter 7 Richard A. Marshack, Chapter 7 Trustee for the Bankruptcy Estate of AB Capital, LLC's Motion to Convert Chapter 11 Case to Chapter 7 Pursuant to 11 U.S.C. § 1112(b), or, in the Alternative, to Appoint T). Hearing scheduled for 06/11/2026 at 10:00 AM in/via San Francisco Courtroom 19 or via Zoom - Blumenstiel. (euo) | |
| 05/07/2026 | 53 | Order Approving Stipulation To Continue Hearings And Related Deadlines Regarding: 1) Motion For Relief From Stay; And 2) Motion To Convert Case To Chapter 7 (RE: related document(s)[52] Stipulation to Continue Hearing filed by Debtor 40th Street Development, LLC). (euo) |
| 05/06/2026 | 52 | Stipulation to Continue Hearing on Movant's Motion for Relief from Stay; Movant's Motion to Convert to Chapter 7 Filed by Debtor 40th Street Development, LLC (RE: related document(s)[36] Motion for Relief From Stay filed by Interested Party Richard A. Marshack, [43] Motion to Convert Case to Chapter 7 filed by Interested Party Richard A. Marshack, [48] Notice of Hearing filed by Interested Party Richard A. Marshack). (Weng, Nancy) |
| 04/30/2026 | Hearing Dropped (RE: related document(s) 29 Motion for Determination of Applicability of Automatic Stay and, in the Alternative, for Relief from Stay). Off calendar per docket text order on 4/30/26. (bg) | |
| 04/30/2026 | Hearing Dropped (RE: related document(s) 31 Ex Parte Application to Employ Sarah Shapero as Special Litigation Counsel ). Off calendar per docket text order on 4/30/26. (bg) | |
| 04/30/2026 | DOCKET TEXT ORDER (no separate order issued:) This case is scheduled to come before the court on April 30, 2026 for hearings on Debtor 40th Street Development LLC's (1) Motion for Determination of Applicability of Automatic Stay and, in the Alternative, for Relief from Stay (Dkt. 29; the "Motion"); and (2) Ex Parte Application to Employ Sarah Shapero as Special Litigation Counsel (Dkt. 31; the "Application"). After business hours on April 29, 2026, Debtor withdrew the Motion and the Application (Dkt. 51). Accordingly, the court orders the April 30 hearings vacated. (RE: related document(s)[29] Motion Miscellaneous Relief filed by Debtor 40th Street Development, LLC, [31] Application to Employ filed by Debtor 40th Street Development, LLC, [33] Notice of Hearing filed by Debtor 40th Street Development, LLC, [35] Order on Application to Employ). (hdc) | |
| 04/29/2026 | 51 | Withdrawal of Documents Dkts 29, 31; Motion for Determination of Applicability of Automatic Stay and, in the Alternative, for Relief from Stay; Ex Parte Application to Employ Sarah Shapero as Special Litigation Counsel; Dkt (RE: related document(s)[29] Motion Miscellaneous Relief, [31] Application to Employ, [33] Notice of Hearing, Hearing Set). Filed by Debtor 40th Street Development, LLC (Weng, Nancy) |
| 04/28/2026 | DOCKET TEXT ORDER (no separate order issued:) This case is scheduled to come before the court on May 14, 2026 for a hearing on a Motion to Convert to Chapter 7 or to Appoint a Chapter 11 Trustee filed by Mr. Richard Marshack (Dkt. 43; the "Motion"). The court has carefully reviewed the Motion, its supporting declarations (Dkts. 44-46), its supporting request for judicial notice (Dkt. 47), notice of hearing (Dkt. 48; the "NOH"), and certificate of service (Dkt. 50; the "C/S"). Based on that analysis, the court finds the NOH defective. According to the C/S, the NOH, Motion, and supporting pleadings were served on April 23, 2026 21 days before the May 14, 2026 hearing. According to B.L.R. 9014-1(c)(2), where 21 days' notice of a hearing is provided, any response to the motion must be filed 7 days prior to the hearing -- Not 14 days prior to the hearing, as stated in the NOH. Based on the defective NOH, the court orders as follows: (1) Any pleadings in response to the Motion shall be filed no later than May 7, 2026 Not April 30, 2026 as stated in the NOH. (2) Mr. Marshack may present any reply at the May 14 hearing. (3) The court strongly encourages Mr. Marshack and his counsel to review B.L.R. 9014-1. (RE: related document(s)[43] Motion to Convert Case to Chapter 7 filed by Interested Party Richard A. Marshack, [44] Declaration filed by Interested Party Richard A. Marshack, [45] Declaration filed by Interested Party Richard A. Marshack, [46] Declaration filed by Interested Party Richard A. Marshack, [47] Request To Take Judicial Notice filed by Interested Party Richard A. Marshack, [48] Notice of Hearing filed by Interested Party Richard A. Marshack, [50] Certificate of Service filed by Interested Party Richard A. Marshack). (hdc) |